TMI Blog1995 (10) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... in Railway service run by appellant-Union of India, on the basis of bogus and forged casual labourer service cards could be continued in Railway service once such fraud was detected by the Railway authorities. The Central Administrative Tribunal, Ernakulam Bench has taken the view that as the aforesaid misconduct of the respondent- Railway employees does not fall within the fore corners of Rule 3(1)(i) and (iii) of Railway Services (Conduct) Rules, 1966 (hereinafter referred to as the Rules ), the orders of removal from service passed against the respondents could not be sustained and they were entitled to be reinstated in Railway service with all conse uential benefits. The aforesaid view of the Tribunal is brought on the anvil of scrutin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egrity and has not to do any thing which is subversion of law and order and which is unbecoming of a railway or a government servant. That would certainly apply to a railway servant who is alleged to have misconducted himself while in Railway service. However, learned senior counsel for appellants vehemently submitted that the misconduct alleged in the present case, of snatching railway employment in the basis of bogus certificates or casual labourer cards, would indeed show that the concerned employee had exhibited a conduct which was unbecoming of a railway servant. It is not necessary for us to express any opinion on the applicability of Rule 3(1)(i) and (iii) on the facts of the present cases for the simple reason that in our view the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e employer concerned. This is precisely what has happened in the present case. Once the fraud of the respondents in getting such employment was detected the respondents were proceeded against in departmental enquiries and were called upon to have their say and thereafter have been removed from service. Such orders of removal would amount to recalling of fraudulently obtained erroneous appointment orders which were avoided by the employer appellant after following the due procedure of law and complying with the principles of natural justice. Therefore, even independently of Rule 3(1)(i) and (iii) of the Rules, such fraudulently obtained appointment orders could be legitimately treated as voidable at the option of the employer and could be re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e acquired the requisite qualification and hence his appointment was not disturbed by this Court. But that is neither here nor there. As laid down in the aforesaid decision if by committing fraud any employment is obtained such a fraudulent practice cannot be permitted to be countenanced by a court of law. Consequently, it must be held that the Tribunal had committed a patent error of law in directing reinstatement of the respondent-workmen with all consequential benefits. The removal orders could not have been faulted by the Tribunal as they were the result of a sharp and fraudulent practice on the part of the respondents. Learned counsel for respondents, However, submitted that these illiterate respondents were employed as casual labou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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